A Texas-based legal foundation will appeal to the U.S. Supreme Court an appellate court's ruling that declared the cross atop Mount Soledad unconstitutional.

The Liberty Institute will challenge the ruling by justices of the 9th U.S. Court of Appeal. The organization said it will hold a news conference 11-11:30 a.m. Thursday, Feb. 9 at the Mount Soledad Memorial in La Jolla to announce the appeal filing.

The land underneath the cross -- part of a memorial originally dedicated to those killed in the Korean War -- has been under federal control since 2006.

Supporters say the cross is part of a war memorial.

Opponents say it unconstitutionally favors a religion while on federal property.

Last week, the U.S. House of Representatives passed by voice vote a bill by San Diego's Republican congressional delegation to protect religious symbols on war memorials.

The bill still has to go through the Senate and be signed by President Barack Obama before it becomes law -- and it remains unclear whether the proposed law would pass constitutional muster.